ORIGINAL 03/10/2023
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 22-0670
DA 22-0670
360 RECLAIM, LLC, a Montana limited liability company,
FILED
Plaintiff and Appellee,
MAR 10 273
v. Bow^n G r
Clerk of Suprern -) Court
State of Montana
WILLIAM M. RUSSELL, and individual and MOUNTAIN
VIEW INVESTMENTS, LC, an Idaho limited liability cornpany,
Defendants and Appellants.
WILLIAM M. RUSSELL,
Plaintiff and Appellant,
v.
ORDER
360 RECLAIM, LLC, a Montana limited liability company,
Defendant, Counter-Plaintiff and Third-
Party Plaintiff and Appellee,
v.
WILLIAM M. RUSSELL,
Counter-Defendant and Appellant,
and
U.S. TREASURY by and through the INTERNAL
REVENUE SERVICE,
Third-Party Defendants.
This Court reviews briefs to ensure compliance with Rules 11 and 12 of the
Montana Rules of Appellate Procedure. After reviewing the Opening Brief of Appellant
William M. Russell filed on March 9, 2023, this Court has determined that the brief does
not comply with the Rules and must be resubmitted.
M. R. App. P. 12(1)(d) requires that the statement of facts portion of a brief
contain references to the pages or the parts of the record at which material facts appear.
M. R. App. P. 12(1)(f) requires a summary of the argument before the argument
portion of the brief. The summary of the argument should include a heading identifying
it as a separate section. The summary should be a clear and concise statement of the
arguments made in the body of the brief.
M. R. App. P. 12(1)(i) provides that an appellant's opening brief shall contain an
appendix that includes the relevant judgment, orders, findings of fact, conclusions of law,
jury instructions, rulings, or decisions from which the appeal is taken. Appellant's
opening brief does not contain an appendix with the relevant documents.
IT IS THEREFORE ORDERED that the signed original and seven copies of the
referenced brief be returned for revisions necessary to comply with the specified Rules;
IT IS FURTHER ORDERED that a signed original and seven copies of the
revised brief ordered herein be filed within 20 days of the date of this Order with the
Clerk of this Court and one copy of the revised brief be served on each counsel of record;
IT IS FURTHER ORDERED that no changes, additions, or deletions other than
those specified in this Order may be made to the brief as originally filed;
IT IS FURTHER ORDERED that the postage costs for returning the referenced
copies of Appellant's brief will be billed to Appellant by the Clerk of this Court and shall
be due and payable upon receipt; and
IT IS FURTHER ORDERED that the times for any subsequent briefing contained
in M. R. App. P. 13 shall run from the date of filing of the revised brief.
The Clerk of this Court is directed to mail a true copy of this Order to Appellant
and to mail a true copy of this Order to all counsel upon whom the brief was served.
DATED this 10th day of March, 2023.
Justice
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